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What are the rules for proceedings before an arbitral tribunal?

Arbitration proceedings are generally governed by the principle of the autonomous will of the parties.

The parties designate the place of arbitration. If they fail to do so, the place of arbitration will be set by the arbitration court. The designation of the place of arbitration is purely formal and is important for determining the national law to be applied in the arbitration as well as the state court that will have jurisdiction to exercise oversight over the proceedings. The location for arbitration hearings or other sessions is a different matter. Unless otherwise agreed by the parties, the arbitral tribunal is free to decide where sessions will be held.

The arbitral tribunal also determines the language or languages to be used in the proceedings. This determination, unless otherwise specified, applies to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal. The arbitral tribunal may order that any documentary evidence should be accompanied by a translation into the language(s) of the arbitration.

The arbitral proceedings commence on the date when a request for the dispute to be referred to arbitration is received by the respondent. The request should indicate the parties, the substance of the dispute and the relevant arbitration agreement or clause. If the party seeking arbitration is obliged to appoint an arbitrator, the request should also include the name of the appointed arbitrator.

When the parties choose a permanent arbitral court, the proceedings commence at the time indicated in the institution’s arbitration rules. Typically proceedings are considered to be commenced when a demand for arbitration is filed with the arbitration institution along with the required number of copies.

A general rule is that the arbitral tribunal decides whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings will be conducted on the basis of documents and other materials. Unless the parties have agreed that no hearings shall be held, the arbitral tribunal is required to conduct a hearing if requested by a party.

The parties should be given sufficient advance notice of any hearing or session of the arbitral tribunal for the purposes of taking evidence.